대규모 집회·시위 참가자의 공동불법행위책임에 관한 연구 - 민법 제760조와 부진정연대책임론에 대한 재검토

In 2009, Seoul Metropolitan Government's Hi Seoul Festival was interrupted by a series of assemblies and demonstrations which protest against President Lee and the ruling party's policies. Seoul Metropolitan Government and Seoul Foundation for Arts and Culture made a lawsuit against 9 participants out of more than 1300 participants, claiming 30%(est. 200,000 USD) of the frustrated costs of the festival which the plaintiffs had already spent, now made meaningless by the damages caused by the defendants' unlawful acts in the assemblies and demonstrations. In 2010, Seoul District Court gave a judgement ruling that the defendants are jointly and severally liable for most of the damages claimed by the plaintiffs. This article criticizes the case and discusses further on the Korean tort law issues, whether or not the mere participants are jointly and severally liable for the unexpected damages caused during a series of assemblies and demonstrations, which the defendants did not organize themselves. The author presents a critical review on multiple tortfeasors and apportionment of liability laws in Korea and an analysis on the remoteness, the same damage, indivisible harm, pure economic loss and partial causation rules in a comparative law aspect. As a conclusion, the author suggests that we need to debate more precisely about the causation and the same damage rule, and find the balance between various values of our laws, including the Constitution, hopefully mitigating the damage or partially accepting the several liability rules for the case.